an attested copy of such libel and notice to be posted in two public and conspicuous places in the town in which the seizure was made, seven days at least before the time of hearing.

If any person appears at the time and place of hearing, and claims that the lobsters, cars, traps, barrels, boxes, or other packages so seized and sold were not liable to forfeiture at the time of seizure, and that he was entitled thereto, the trial justice or judge shall hear and determine the cause, and if he shall decide that such lobsters, cars, traps, barrels, boxes, or other packages, at the time of seizure, were not liable to forfeiture, and that the claimant was entitled thereto, he shall order the proceeds of such sale to be paid to the claimant; if no claimant shall appear, or if such trial justice or judge shall decide that such lobsters, traps, cars, barrels, boxes, or other packages, at the time of the seizure, were liable to forfeiture, or that the claimant was not entitled thereto, he shall decree a forfeiture of such lobsters, cars, traps, barrels, boxes, or other packages, and of the proceeds of sale, and shall order the proceeds of sale, after deducting all lawful charges, to be paid to the county treasurer, and by him to the State treasurer, to be used as directed in section 48 of this act, and shall render judgment against the claimant for costs to be taxed as in civil suits, and issue execution therefor against him in favor of the State, which costs, when collected, shall be paid in to the treasurer of the county, and by him to the treasurer of the State, to be added and made a part of the appropriation for sea and shore fisheries.  The claimant shall have the right of appeal to the next supreme judicial court or superior court in the county, upon recognizing and paying the fees for copies and entry as in cases of appeal in criminal cases.  The fees and costs of seizure, appraisal, and sale, and in all other proceedings in the case, shall be as provided by law in criminal cases, and in case a forfeiture shall be declared, shall be paid out of the proceeds of the sale, otherwise shall be paid by the county, as in criminal cases.

SEC. 48.  All fines and penalties under this act may be recovered by complaint, indictment, or action of debt brought in the county where the offense is committed.  The action of debt shall be brought in the name of the commissioner of sea and shore fisheries, and all offenses under or violations of the provisions of this statute may be settled by the commissioner of sea and shore fisheries, upon such terms and conditions as he deems advisable.  All fines, penalties, and collections under this act shall be paid into the treasury of the county where the offense is committed, and by such treasurer to the State treasurer, to be added to and made a part of the appropriation for sea and shore fisheries.

SEC. 49.  The commissioner of sea and shore fisheries may take fish of any kind,